Ontario judge accused of perjury set to testify in disciplinary case
Under scrutiny for answers he gave about his involvement with Black advocacy group
For the second time since his judicial appointment, Donald McLeod will appear before a disciplinary panel to answer questions about his involvement and leadership with a national Black Canadian advocacy organization that he founded.
The Ontario Judicial Council zoom proceeding resumes Monday after hear- ing 10 days of testimony from 12 witnesses in December. Now it’s McLeod’s turn to appear in front of a four-member OJC panel, which has the power to suspend, discipline or recommend he be fired.
At the end of 2018, the first disciplinary hearing panel dismissed a complaint against McLeod but found his work with the Federation of Black Canadians was “incompatible” with his judicial office. The former Toronto defence lawyer was appointed to the Ontario Court of Justice in 2013.
Last year, the OCJ alleged McLeod committed perjury during the previous hearing by lying about his involvement in FBC’s advocacy efforts in a child deportation case. He’s also alleged to have misled the first panel about his “disengagement” from FBC after concerns were raised about his involvement.
“Following the decision of the hearing panel, his honour resumed a leadership role in the FBC and attended political events on its behalf. He engaged in behaviour that was or could be perceived to be impermissible advocacy and lobbying by a sitting judge.”
At the start of these proceedings in December, Sheila Block, one of the lawyers representing McLeod, called it a “very serious and troubling case.”
“Serious because on the line is the career and life and community reputation of Donald McLeod, facing ruinous allegations. Troubling, because the central charge … is … a capital crime for a judge, perjury,” which has descended on McLeod like a shroud. Block added the allegations have kept McLeod, the only Black provincial court judge in Peel Region, off the bench for 18 months.
The defence argues the OCJ failed to investigate the matter thoroughly and that McLeod is facing “unnecessary allegations.”
The OJC complaint alleges McLeod arranged and participated in a meeting on behalf of FBC with Ahmed Hussen, a former minister of Immigration, Refugees and Citizenship.
Hussen invoked parliamentary privilege and did not testify about the meeting that took place on Jan. 13, 2018, at the his Toronto constituency office.
Two of his executive assistants who were at the meeting, however, testified in December that Hussen would not have discussed individual cases in the system. Also at the meeting was University of Toronto Professor Rinaldo Walcott, who said he remembered little about the meeting.
“I literally, and I’m not lying, I literally cannot remember what Justice McLeod said. If I could recall, would say it, but I simply cannot,” he said answering questions posed to him by Frank Addario, another of McLeod’s lawyers.
Addario pointed to an email McLeod sent to Walcott before the meeting where the judge wrote that a “smaller meeting with you, myself and the Minister … would allow the policy to be canvassed and potentially put on the table for further discussion.” In other words, McLeod intended to discuss the policy of the deportation of Black youth who don’t have citizenship, not the specifics of a child refugee case, Addario stated.
Another allegation relates to remarks McLeod made to young Black activists about an alleged racist incident on Parliament Hill. McLeod’s comments “could be perceived as providing legal advice and/or furthering the advocacy” of FBC, the OJC Notice of Hearing states.
Some of the evidence heard in the weeks before Christmas was emotional — and several witnesses were clearly wary of the process.
They included Trayvonne Clayton, a community activist and criminology student from Nova Scotia who became embroiled in the controversy through no fault of his own. Clayton was in a delegation that attended a National Black Canadians summit in early 2019 on Parliament Hill where he heard McLeod deliver a speech.
“I got a chance to meet him, shake hands with him, take a picture with him, chat with him. His story inspired me. It’s rare to see Black lawyers, judges in the field today, so that’s why it inspired me.”
But the Ottawa trip was sullied when a security guard made a racist comment toward delegates.
“We were all shocked and flustered that he racially profiled a group of youth ... and said we had to leave.” Clayton took to social media to flag the guard’s conduct and pushed for a face-to-face meeting with Prime Minister Justin Trudeau.
A few days later, Clayton and others received an unexpected call from McLeod.
“Basically … we were told whatever you say or do can be used against you. So for example, if we were lying … about the situation,” Clayton said. Asked to describe the call, Clayton said: “basically, tips and pointers coming from a judge about what would possibly happen if we go further.”
Another allegation relates to remarks McLeod made to young Black activists about an alleged racist incident on Parliament Hill
Block asked Clayton if McLeod wasn’t “just giving you advice and was just looking out for you, right?”
“That’s how I felt, but at the same time … it was all a little weird because, you know, why am I getting a phone call from a judge?”
Block suggested McLeod was offering a “helping hand” and sometimes the advice “may not always be the advice they want?” The young man agreed.
The OCJ does not. “His Honour’s counselling in this regard was or could be perceived as providing legal advice, and was part of and meant to further the advocacy of the FBC,” states the “particulars of the complaint” against him.
Current FBC board chair Dahabo Ahmed-Omer outlined for the panel McLeod’s background as someone who grew up in an impoverished neighbourhood in a single-parent home, who has worked with community and youth, and has done “a lot of work in the anti-Black racism world.”
In heartfelt testimony, she said it us “extremely unfortunate” that “we’re going through this process, because ... we could have been spending this time doing work for our communities,” she said. “There’s no good coming out of this. It’s just more trauma that we have to deal with,” she said, pressing her hand on her face.